Pinnacle Restaurant at Big Sky, LLC v. CH SP Acquisitions, LLC, No. 15-35572 (9th Cir. 2017)
Annotate this Case11 U.S.C. 363(f), which authorizes a trustee to sell a debtor's assets free and clear of third-party interests, applied to the facts of this case, and did not conflict with section 365(h), which protects the rights of lessees, because the trustee did not "reject" the leases. Therefore, the Ninth Circuit affirmed the district court's judgment affirming the bankruptcy court's decision that a bankruptcy trustee's sale of debtor's property was free and clear of unexpired leases.
Court Description: Bankruptcy. The panel affirmed the district court’s judgment affirming the bankruptcy court’s decision that a bankruptcy trustee’s sale of a debtor’s property was free and clear of unexpired leases. Agreeing with the Seventh Circuit, the panel held that 11 U.S.C. § 363(f), authorizing a trustee to sell a debtor’s assets free and clear of third-party interests, applied, and did not conflict with § 365(h), which protects the rights of lessees, because the trustee did not “reject” the leases. IN THE MATTER OF SPANISH PEAKS HOLDINGS II 3
The court issued a subsequent related opinion or order on September 12, 2017.
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